11. Law Enforcement, Civil Litigation and Privacy Flashcards
What is RFPA?
Right to Financial Privacy Act
“No Government authority may have access to, or obtain copies of, the information contained in
the financial records of any customer from a financial institution unless the financial records are reasonably described” and meet at least one of the following conditions:
- Appropriate formal written request from an authorized government authority
- Appropriate administrative subpoena or summons
- Qualified search warrant
- Customer authorization
- Appropriate judicial subpoena
What is the Omnibus Crime Control and Safe Streets Act?
prohibits wiretaps of telephone calls and other aural communication made through a network without a
warrant. It also extends to oral communications via the use of hidden bugs or microphones.
What is ECPA?
Electronic Communications Privacy Act
extends the ban on interception to include “electronic communications.” This includes email and other
communications that are not wire or oral communications, and pen registers. Although there
are exceptions to these provisions, violation of the ECPA is a criminal offense.
What are the four categories that extend to ECPA?
Emails
The ECPA covers email and other communications that are not wire or oral communications. However, it does not cover metadata associated with these
communications.
Pen registers/trap and trace
• Traditionally, a pen register recorded the telephone numbers of outgoing calls
• Trap and trace devices record the telephone numbers that called into a particular
number
• ECPA: Provides for pen register and trap and trace orders from a judge under the lenient legal standard of “relevant to an ongoing investigation”
Enforcement
• ECPA does not preempt stricter state laws
• Violation of ECPA is a criminal offense
• Provides a private right of action
• Exceptions apply if a person is party to the call or if one of the parties has given consent
CalECPA No California government entity can search phones and no police officer can search online accounts without: • Permission from a judge • Obtaining consent • Showing it is an emergency
What is the SCA?
Stored Communications Act
part of the ECPA, It addresses interception of electronic communications in facilities where electronic communication service is provided.
What are the Provisions of SCA?
- Enacted as part of ECPA in 1986
- Creates a general prohibition against the unauthorized acquisition, alteration or blocking of electronic communications while in electronic storage in a facility through which an electronic communications service is provided
What are the Exceptions of SCA?
The law allows for exceptions to employers for conduct authorized:
• “By the person or entity providing a wire or electronic communications service,” which is often the organization
• “By a user of that service with respect to a communication of or intended for that use,” in other words, if the employer’s reason for doing so is reasonable and work-related
What is the PPA?
Privacy Protection Act
was drafted in response to police physical searches of traditional newspaper facilities. It provides an extra layer of protection for members of the media and media organizations from government searches or seizures in the course of a criminal investigation.
What are the provisions of PPA?
- Provides an extra layer of protection for members of the media and media organizations from government searches or seizures in the course of a criminal investigation
- Government officials engaged in criminal investigations are not permitted to search or seize media work products or documentary materials
- Applies to government officers or employees at all levels of government
What are the exceptions of PPA?
• An important exception is when there is probable cause to believe a reporter has committed, or is in the process of committing, a crime (unless the only crime is
possession, receipt or communication of the work product itself)
What is the CLOUD Act?
Clarifying Lawful Overseas Use of Data
signed into law in March 2018, is an act to provide transborder access to communications data in criminal law enforcement investigations.
What are the two provision of the CLOUD Act
1) The provisions for U.S. access to foreign stored data 2) the provisions to create executive agreements for foreign access to data stored in the U.S.
What is CALEA?
Communications Assistance for Law Enforcement Act also known as “Digital Telephony Bill”
lays out the duties of defined actors in the telecommunications industry to cooperate in the interception of communications for law enforcement and other needs relating to the security and safety of the public.
It requires telecommunications carriers to design their products and services to ensure they can carry out a lawful order to provide government access to communications.
